SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION: SECOND DEPARTMENT
_____________________________________X
In the Matter of the Application of
HEYWARD D. REED, YVETTE TEAL TYNES
and TAMMY G. BOOTH,
Village of Spring Valley Citizen Residents,
Petitioners,

Index No.________
VERIFIED
PETITION

-againstDEMEZA DELHOMME,
Village of Spring Valley Mayor,
Respondent.
For the removal of a public officer
pursuant to Public Officers Law § 36.
_____________________________________X
Petitioners, by their attorney, William A. Gerard, as and for their
Verified Petition, herein respectfully allege as follows upon
information and belief:
PRELIMINARY STATEMENT
1. This proceeding is commenced pursuant to Public Officers
Law § 36 to remove respondent, DEMEZA DELHOMME, as Mayor of
the Village of Spring Valley, New York for malfeasance,
mismanagement, corrupt activities, financial impropriety,
malversation, moral turpitude, intentional wrongdoing, violation of a
public trust, dereliction of duty, and irrational behavior in public office

1

 that connotes an ongoing pattern of misconduct and abuse of
authority.
PARTIES
2. At all times relevant herein, petitioner s HEYWARD D. REED,
YVETTE TEAL TYNES and TAMMY G. BOOTH have been and are
citizen residents of the Village of Spring Valley, County of Rockland,
State of New York.
3. At all times relevant herein, respondent DEMEZA
DELHOMME has been and is a resident of the Village of Spring Valley,
County of Rockland, State of New York, and has been and is the duly
elected Mayor of the Village of Spring Valley, New York, having been
elected on November 5, 2013, and having assumed office on
December 2, 2013.
JURISDICTION AND VENUE
4. This proceeding is commenced pursuant to Public Officers
Law § 36 to remove the respondent, DEMEZA DELHOMME, as Mayor
of the Village of Spring Valley, New York. Venue is proper in the
Appellate Division, Second Department, being the judicial department
in which the respondent holds office.
MISCONDUCT, MALFEASANCE, MALADMINISTRATION AND
MALVERSATION IN OFFICE

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 5. Respondent has engaged in conduct which warrants his
removal from public office pursuant to Public Officers Law § 36, as
described below.
Employment Irregularities
Jerrold W. Miles
6. At the Organizational Meeting of the Spring Valley Village
Board held on or about December 2, 2014, respondent, acting as
Mayor, appointed Jerrold W. Miles as Village Attorney without
approval by a majority vote of the Village Board in violation of Village
Law § 4-400(c)(i).
7. After his purported appointment on December 2, 2013,
Jerrold W. Miles assumed the duties of Spring Valley Village Attorney,
and since that time has received payment from the Village of Spring
Valley for his services as such.
8. The failure to properly appoint Jerrold W. Miles as Village
Attorney was brought to the attention of Village officials, including
respondent, DEMEZA DELHOMME, in January and February 2014.
9. On or about February 7, 2014, in response to an inquiry from
the Rockland County Department of Personnel for proof of proper
appointment of Jerrold W. Miles as Village Attorney, respondent
caused a set of Minutes to be created for the meeting of December 2,
2013, falsely stating that Jerrold W. Miles was approved as Village

3

 Attorney by a majority vote of the Village Board. Public Officers Law §
106 requires Minutes to be kept of all Village Board meetings, to be
provided to the public on request, but these false proposed Minutes
are the only ones ever created and submitted to the Village Board for
approval.
10. The false proposed Minutes were submitted by respondent
to the Spring Valley Village Board for a vote of approval on February
25, 2014, but the Village Board declined to do so.
11. Respondent then caused the Deputy Village Clerk to
"certify" the false Minutes and to supply them to the Rockland County
Department of Personnel as proof of the proper appointment of
Jerrold W. Miles as Village Attorney.
12. On or about March 11, 2014, at a regular meeting of the
Village Board of Trustees of the Village of Spring Valley, a Resolution
was duly passed by majority vote disapproving the "certified" Minutes
that had been supplied to the Rockland County Department of
Personnel as proof of the proper appointment of Jerrold W. Miles as
Village Attorney, and declaring that his purported appointment was
neither effective nor legal, and that Village funds must not be used to
compensate him for his services as such.
13. After March 11, 2014, Jerrold W. Miles continued to function
as Village Attorney until he stopped coming to work in December

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 2014, but he continues to receive an annual salary, health and pension
benefits totaling $126,049.50, despite the existence of the Resolution
of March 11, 2014 to the contrary.
14. Respondent's employment and payment of Jerrold W. Miles
as Village Attorney, with full awareness of his defective appointment,
constitutes Grand Larceny in the 2nd degree (P.L. § 155.40), Official
Misconduct (P.L. § 195.00), Falsifying Business Records in the 2nd
degree (P.L. § 175.05), Tampering With Public Records in the 1st
degree (P.L. § 175.25), Defrauding the Government (P.L. § 195.20) and
Offering a False Instrument for Filing in the 1st degree (P.L. § 175.35),
and represents a misappropriation of Village funds by respondent.
15. Respondent's actions in directing the preparation, filing and
certification of false Minutes of the December 2, 2013 meeting of the
Village of Spring Valley Board of Trustees in order to justify the
continued employment of Jerrold W. Miles as Village Attorney
constitutes Official Misconduct (P.L. § 195.00), Fraudulently Obtaining
a Signature (P.L. § 165.20), Falsifying Business Records in the 2nd
degree (P.L. § 175.05), Tampering With Public Records in the 1st
degree (P.L. § 175.25) and Offering a False Instrument for Filing in the
1st degree (P.L. § 175.35).

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 16. With each pay period, the payment of compensation and
benefits to Jerrold W. Miles and the filing of all payroll forms and
documents represent separate and distinct offenses.
Sherry M. Scott
17. On or about January 22, 2013, Sherry M. Scott was
appointed Spring Valley Village Clerk, with a term of office
commencing December 3, 2012, and terminating December 1, 2014.
18. On or about December 2, 2013, on behalf of respondent,
purported Village Attorney, Jerrold W. Miles wrongfully terminated the
employment of Village Clerk, Sherry M. Scott, an appointed public
officer, before her term of office had ended, in violation of Public
Officer's Law § 30, without just cause and without seeking judicial
intervention under Public Officers Law § 36.
19. Sherry M. Scott is now a holdover appointment, since there
was no successor properly appointed to her post.
20. As a result of Sherry M. Scott's illegal discharge from office,
the Village of Spring Valley is legally obligated to pay her salary,
health and pension benefits now totaling $89,268.75 until a successor
is appointed as Village Clerk, while also paying the costs of her failed
replacement, Katherine H. Ball, which represents a waste and misuse
of village funds by respondent.
Kathryn H. Ball

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 21. At the Organizational Meeting of the Spring Valley Village
Board of Trustees held on or about December 2, 2014, respondent,
acting as Mayor, appointed Kathryn H. Ball as Village Clerk, without
approval by a majority vote of the Village Board of Trustees in
violation of Village Law § 4-400(c)(i).
22. In response to an inquiry by the Rockland County
Department of Personnel made on or about February 7, 2014,
respondent acknowledged in writing on February 20, 2014 that
Kathryn H. Ball 's appointment as Village Clerk was invalid, and that
she could no longer serve as the Village Clerk.
23. Despite respondent's awareness that Kathryn H. Ball 's
appointment as Village Clerk was invalid, the Village continues (to this
day) to pay her salary and health and pension benefits, thus far
totaling approximately $89,268.75.
24. The payment of compensation to Kathryn H. Ball as
aforesaid represents a misuse and misappropriation of village funds
by respondent.
25. The continued employment of Kathryn H. Ball, with
awareness of her defective appointment constitutes Grand Larceny in
the 2nd degree (P.L. § 155.40), Official Misconduct (P.L. § 195.00),
Falsifying Business Records in the 2nd degree (P.L. § 175.05),
Tampering With Public Records in the 1st degree (P.L. § 175.25),

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 Defrauding the Government (P.L. § 195.20) and Offering a False
Instrument for Filing in the 1st degree (P.L. § 175.35).
26. With each pay period, the payment of compensation and
benefits to Katherine H. Ball and the filing of all payroll forms and
documents represent separate and distinct offenses.

Frank D. Youngman
27. On or about December 13, 2013, while acting as Mayor,
respondent terminated the employment of Fire Safety Inspector Frank
D. Youngman in violation of Civil Service Law § 75, without the
approval of the Village Board, and without just cause or due process.
28. On or about December 20, 2013, respondent was forced to
reinstate Frank D. Youngman to his position as a village Fire Safety
Inspector with back pay and benefits totaling $844.11.
29. The obligation to give back pay and benefits to Frank D.
Youngman as the result of respondent's unauthorized acts represents
a waste and misuse of village funds by respondent.
Sonia Barton
30. On or about December 2013, while acting as Mayor,
respondent reduced the responsibilities of Sonia Barton, Director of

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 the Village of Spring Valley Youth Bureau, and reduced her salary
from $74,011.00 to $40,000.00, along with her benefits, without just
cause and without obtaining Village Board approval, thereby violating
the terms of her employment contract and making the Village of
Spring Valley liable for her unpaid salary and benefits.
31. On or about January 14, 2014, the Spring Valley Village
Board of Trustees duly passed a Resolution declaring that respondent
was without authority to arbitrarily reduce Sonia Barton's pay, and
authorizing the Village Treasurer to restore her salary to $74,011.00,
with back pay and benefits.
32. Thereafter, respondent failed and refused to comply with the
Resolution to restore Sonia Barton's salary with back pay and
benefits, but he finally authorized payment to her over $40,000.00 as
a condition of his release after being jailed for civil contempt in
August 2014.
33. The obligation to give back pay and benefits to Sonia Barton
as the result of respondent's unauthorized acts represents a waste
and misuse of village funds by respondent.
Sherry McGill
34. Sherry McGill is the daughter of Sherry M. Scott, who was
illegally discharged as Village Clerk by respondent on or about
December 2, 2013.

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 35. On or about December 2, 2013, Sherry McGill was serving
as Village Recreation Leader (part time), and respondent, acting as
Mayor, unilaterally discharged her from Village employment without
just cause or due process in violation of Civil Service Law § 75.
36. On or about February 7, 2014, the Rockland County
Department of Personnel advised respondent that Sherry McGill's
discharge was improper, and he was directed to restore her to her
previous position as Village Recreation Leader (part time), which he
failed to do until May 14, 2014, making the Village liable for her
unpaid salary of approximately $6,120.00.
37. The obligation to give back pay to Sherry McGill as a result
of respondent's unauthorized acts represents a waste and misuse of
Village funds by respondent.
Lorraine Y. Inzar and Floyd Morse
38. On or about December 2, 2013, Lorraine Y. Inzar occupied
an approved position as a Confidential Assistant to the Mayor, but
instead of re-appointing her to that position, respondent appointed
Floyd Morse to that position as Confidential Assistant to the Mayor at
an unapproved annual salary of $64,575.00.
39. Although she had not been re-appointed to the position of
Confidential Assistant to the Mayor, and despite being advised by the
Rockland County Department of Personnel that that Lorraine Y. Inzar

10

 could not continue to be employed without an approved civil service
title, respondent allowed her to continue in the employ of the Village
of Spring Valley, and has used Village funds to pay her salary, pension
and health benefits in the amount of $11,961.55, in direct violation of
a Resolution duly passed by the Board of Trustees on 1/14/14.
40. The payment of compensation to Lorraine Y. Inzar
constitutes a waste and misuse of village funds by respondent.
Aaron Morse
41. On or about December 2, 2013, respondent, acting as
Mayor, appointed Aaron Morse to the position of Legislative Aide at a
salary (never approved by the Village Board of Trustees) of
$55,000.00.
42. By duly passed Resolution of the Village Board of Trustees,
the salary of Aaron Morse was set at $35,000.00 starting June 1,
2014.
43. The payment of compensation to Aaron Morse above and
beyond the amount ultimately approved for the position represents a
waste and misuse of Village funds by respondent.
Joseph Gross
44. On or about December 2, 2013, respondent, acting as
Mayor, appointed Joseph Gross to the part time position of

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 Administrative Assistant at a full time salary (not approved by the
Village Board) of $55,000.00, with benefits.
45. By duly passed Resolution of the Village Board of Trustees,
the salary of Joseph Gross was set at $30.00 per hour for a 17 hour
week starting June 1, 2014, and the prior payment of full time salary
and benefits to Joseph Gross beyond that which was permitted for the
existing position (totaling over $25,500.00) represents a waste and
misuse of Village funds by respondent.
Chief Building Inspector, Walter Booker
46. Shortly after taking office in December 2013, respondent
ordered Chief Building Inspector, Walter Booker to deny any and all
permits to Jewish developers, Manasha Horowitz and Yahuda Ushry.
47. In response, Walter Booker advised the respondent that he
should put this new policy in writing, which respondent refused to do.
48. On or about February 5, 2014, respondent, acting as Mayor,
wrongfully and unilaterally demoted Chief Building Inspector, Walter
Booker, assigning his managerial duties to Assistant Building
Inspector, Manny Carmona.
49. On or about February 7, 2014, the Rockland County
Department of Personnel advised respondent that he was without
authority to demote the Chief Building Inspector, whereupon

12

 respondent rescinded the previous demotion, explaining that his
action was merely a "proposal."
50. On or about May 23, 2014, respondent issued a direction to
Walter Booker that the fees received and processed by the Building
Department in connection with all applications must instead be
received and processed by the Village Treasurer before any permits
could issue. Pursuant to this order, Walter Booker met with the Village
Treasurer at respondent's direction, and they worked out a procedure
whereby the fees received by the Building Department were sent on
to the Village Treasurer, and no permits were issued until a copy of
the check and the Treasurer's receipt were received back.
51. On or about December 29, 2014, respondent intercepted the
mail addressed to the Building Department, and upon finding
incoming checks, he summoned Walter Booker to his office to berate
him for failing to follow his order to have all checks submitted to the
Finance Department.
52. Walter Booker advised respondent that the Village Code
requires the Building Department to receive and process these fees,
explaining that they were being sent to the Treasurer before any
permits could issue, as per the Mayor's prior order, whereupon he was
suspended by respondent for "insubordination," and removed from
Village Offices by police.

13

 Marshley Leroy
53. On or about December 16, 2013, Marshley Leroy (a son of
one of respondent's political enemies) was employed by the Village of
Spring Valley as an Office Services Aide, when respondent, acting as
Mayor, re-assigned him from the Village Clerk's Office to the
Department of Public Works in violation of his job description, and
without the approval of the Village Board or the Rockland County
Department of Personnel.
54. On or about January 29, 2014, respondent submitted a
belated application to the Rockland County Department of Personnel
for a 60-day temporary appointment for Marshley Leroy at the
Department of Public Works, and on or about February 5, 2014, that
application was denied, and respondent was directed to immediately
return him to his station at the Village Clerk's office.
55. Despite the 2/5/14 denial of his request for a 60-day
temporary appointment, respondent, over the objections of Rockland
County Department of Personnel and the Village Board of Trustees,
failed to restore Marshley Leroy to his station at the Village Clerk's
office until April 10, 2014.
Rita Grayson

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 56. On or about July 22, 2014, Rita Grayson was serving as a
part time Village employee in the title of Community Development
Specialist, and in order to legally continue in that title she had to be
given a permanent appointment by a majority vote of the Village
Board of Trustees.
57. On or about July 22, 2014, the Village Board of Trustees
voted to not give Rita Grayson a permanent appointment in the title of
Community Development Specialist, thereby requiring her to leave
Village service, but respondent refused to terminate her until he
received a letter dated August 28, 2014, from the Rockland County
Department of Personnel, advising him that continued payment of Rita
Grayson would be considered a deliberate violation of the Civil
Service Law, which would be reported to the District Attorney.
58. Following receipt of the aforesaid letter, respondent finally
terminated Rita Grayson on September 5, 2014.
Custom or Practice of Religious Discrimination
59. Following the commencement of respondent's term of office
in December 2013, his relations with the members of the Village
Board of Trustees deteriorated, and by January 2014, he found himself
in the minority, with the majority consisting of Trustees Vilair Fonvil,
Asher Grossman, and Emilia White.

15

 60. On or about January 2014, the respondent devised a
political strategy to pressure Trustee Asher Grossman to support his
agenda, in order to break the majority coalition and obtain majority
control of the Village Board. This political strategy involved the
implementation of a municipal custom or policy of discriminating
against a distinct class of Village residents based on their religious
affiliation. Pursuant to this custom or policy, the respondent
determined to interfere with the issuance of Building Permits to
Jewish applicants; to prevent any item involving a Jewish applicant
from coming before the Village Board for consideration; and to
downsize the Village Zoning to economically punish Jewish developers
and applicants.
61. On or about January 14, 2014, respondent took steps to
implement this custom or policy of religious discrimination by
instructing Chief Building Inspector, Walter Booker, not to issue any
permits to Jewish developers, Manasha Horowitz and Yahuda Ushry.
62. When the Chief Building Inspector refused the respondent's
instructions to implement a discriminatory policy within the Building
Department, respondent unsuccessfully attempted to demote him and
replace him with a more obedient subordinate in February 2014.
63. On or about February 11th and 25th, 2014, respondent took
other steps to implement this custom or policy of religious

16

 discrimination by preventing and obstructing a Jewish applicant from
obtaining a public hearing on a Special Permit application before the
Village Board. In addition, respondent also ordered the Department of
Public Works not to repair the streets in the Jewish sector of the
Village, or in the area where Trustee Vilair Fonvil resides.
64. On or about September 2014, respondent took other steps
to implement this custom or policy of religious discrimination by
directing a Village consultant, without the approval of the Village
Board of Trustees, to prepare a study involving his proposal to
downsize the Village zoning.
65. After undertaking this custom or practice of religious
discrimination, respondent met with influential members of the Jewish
community to advise them in no uncertain terms that unless Trustee
Asher Grossman relented in his support of Trustees Vilair Fonvil and
Emilia White, and began supporting his political agenda, he would
continue his discriminatory policy in order to punish the entire Jewish
community for the disloyalty of Trustee Asher Grossman.
66. By his actions as aforesaid, respondent intended to send a
message directly to Trustee Asher Grossman to support his political
agenda, otherwise the entire Jewish community would continue to
suffer under this discriminatory custom or practice.

17

 67. The implementation of this policy of religious
discrimination, together with the related threats directed to the
Jewish community intended to obtain support for his political agenda,
constitutes Receiving Unlawful Gratuities (P.L. § 200.35), Official
Misconduct (P.L. § 195.00), Receiving Reward for Official Misconduct
in the 2nd degree (P.L. § 200.25) and Bribe Receiving in the 3rd
degree (P.L. § 200.10).
68. The intentional implementation by the respondent of a
custom or policy of religious discrimination could cause economic
harm to Village residents; interfere with Village eligibility for State
and Federal funding of its programs; subject the Village to substantial
civil liability under State and Federal statutes prohibiting such
conduct; adversely affect the economy and the value of real property
within the Village and result in denial and/or cancellation of Village
insurance coverage, to the detriment of all Village residents.

Improper Expenditures
2014 Ford Expedition Limited
69. On or about December 20, 2013, Village employees acting at
respondent's request and on his behalf, purchased a 2014 Ford
Expedition Limited at Village expense for his use.

18

 70. In addition to the standard equipment, the 2014 Ford
Expedition Limited was equipped with power deployable running
boards, navigation system, power moon roof, second row bucket seats
and polished aluminum wheels.
71. The total purchase price of this motor vehicle was
$47,000.00, which was paid by a check from the Village of Spring
Valley General Fund in the amount of $19,787.50 (check # 00036157,
dated 12/20/13), together with the trade-in of a 2010 Ford Expedition
Limited owned by the Village of Spring Valley (trade-in valued at
$27,700.00).
72. There was no authorization from the Village Board of
Trustees for the purchase by the Village of the 2014 Ford Expedition
Limited, or for the trade-in by the Village of the 2010 Ford Expedition
Limited.
73. Prior to trading-in the 2010 Ford Expedition Limited, no
finding was made under Village Law § 1-102 that such vehicle was no
longer needed for municipal purposes, nor was it reasonably
determined that the trade-in value of $27,700.00 was fair and
adequate.
74. The process employed by the respondent for the purchase of
the 2014 Ford Expedition Limited violates the competitive bidding
provisions of General Municipal Law § 103, in that the total purchase

19

 price of the 2014 Ford Expedition Limited exceeds the threshold of
$20,000.00.
75. Respondent's employment of a process designed to avoid
the bidding requirements of General Municipal Law § 103 for the
purchase of the 2014 Ford Expedition Limited constitutes Official
Misconduct (P.L. § 195.00) and falsifying Business Records in the
second degree (P.L. § 175.05).
76. The process employed by the respondent for the purchase of
the 2014 Ford Expedition Limited violates the Procurement Policy
provisions of the Village Code of the Village of Spring Valley.
Respondent's Personal Use of Village Funds and Property
77. Since the 2014 Ford Expedition Limited was purchased,
respondent has driven it extensively for personal use (including
repeated vacation trips to North Carolina) in violation of Village
policy, which restricts the use of Village owned vehicles to official
business.
78. While driving the 2014 Ford Expedition Limited for his
personal use, respondent has repeatedly and routinely used the
Village E-ZPass and the Village credit card to pay the toll and gas
expenses totaling over $1,500.00 associated with his personal use of
the vehicle.
Unauthorized Contracts

20

 (Bellavista Construction Corp.)
79. On or about April 29, 2014, respondent, acting as Mayor,
entered into a written contract with Bellavista Construction Corp. to
perform curb and sidewalk work within the Village of Spring Valley at
an agreed cost in excess of $150,000.00.
80. Prior to entering this contract, the respondent did not seek
or receive any permission or approval of the Spring Valley Board of
Trustees to enter into or execute such contract, as Mayor.
81. The process employed by respondent for the entry into and
execution of this contract violates the provisions of Village Law §§ 4400 and 4-412, in that no authorization was sought or received from
the Village of Spring Valley Board of Trustees by respondent for the
entry into this contract.
(Tabou Combo and NuFaze)
82. On or about August 5, 2014, respondent, acting as Mayor,
entered into a contract to pay $5,800.00 to a musical group known as
"Tabou Combo" for a musical performance at a public Village event
scheduled for August 10, 2014.
83. On or about August 8, 2014, respondent, acting as Mayor,
entered into a contract to pay $1,500.00 to a musical group known as
"NuFaze" for a musical performance at a public Village event
scheduled for August 10, 2014.

21

 84. Prior to entering these contracts, the respondent did not
seek or receive any permission or approval of the Spring Valley Board
of Trustees to hire these musicians for this compensation or to enter
and execute such contracts.
85. The process employed by the respondent for the entry into
these contracts violates Village Law §§ 4-400 and 4-412, in that no
authorization was sought or received from the Village of Spring Valley
Board of Trustees by respondent for the entry into these contracts for
services to the Village.
Harassment of Village Trustees
86. On or about February 10, 2014, with the intent to harass,
annoy and alarm, respondent left a phone message for Trustee Vilair
Fonvil stating he was "garbage," and was going to get "fu*ked"
because "you fu*k with my Board."
87. On or about January 27, 2014, with the intent to harass,
annoy and alarm Village Trustees Vilair Fonvil, Emilia White and
Asher Grossman, respondent told Trustee Asher Grossman in a
meeting that he was going to order his arrest and that of Trustee
Vilair Fonvil and of Trustee Emilia White, and that he would send
them all to jail.
88. On or about May 12, 2014, with the intent to harass, annoy
and alarm Village Trustees Vilair Fonvil, Emilia White and Asher

22

 Grossman, while in the parking lot outside Spring Valley Village Hall,
respondent made verbal threats in the presence of other persons in
which he said he would "fu*king kill" the other members of the Spring
Valley Village Board.
Misuse of Village Resources
Diversion of Organizational Meeting Refreshments
89. On or about November 27th, 2013, the outgoing Village
Mayor ordered refreshments to be served to the public at the Village
Hall following the Organization Meeting on December 2, 2013. The
total cost of the refreshments paid for by the Village of Spring Valley
for this event was $5,025.17.
90. On or about November 27, 2013, respondent, acting as
Mayor Elect, issued instructions to then Village Clerk, Sherry M.
Scott, to divert the refreshments to his private party, to be held
elsewhere on the evening of December 2, 2013.
91. As a result of respondent's directions to Sherry M. Scott, the
refreshments purchased by the Village for $5,025.17, which were to
be served to the general public at Village Hall following the
Organizational meeting on December 2, 2013, were instead served to
respondent's guests at his private party later that night.
92. Respondent's conduct in diverting the refreshments as
aforesaid constitutes Official Misconduct (P.L. § 195.00) and Grand

23

 Larceny in the 3rd degree (P.L. § 155.35), as well as being a waste
and misuse of Village resources.
Political Activities
93. On or about February 11, 2014, respondent was embroiled
in a political dispute over the conduct of Village affairs with several
members of the Village of Spring Valley Board of Trustees, including
Trustee Vilair Fonvil.
94. On or about February 11, 2014, there was a regular meeting
of the Village of Spring Valley Board of Trustees scheduled for 8:00
pm.
95. On or about February 11, 2014, prior to the scheduled
meeting of the Village of Spring Valley Board of Trustees,
respondent's Legislative Aide, Aaron Morse, acting on behalf of
respondent during his working hours, went to the Archives Office of
the Rockland County Clerk to locate documents to be used against
Trustee Fonvil for political purposes.
96. While there, Aaron Morse requisitioned the file in a prior
criminal case involving Trustee Fonvil, and thereby obtained a copy of
a Docket Sheet containing entries involving all papers filed in the
action, along with a Certified Copy of a Commitment Order reflecting
Trustee Fonvil's prior conviction for misdemeanor offenses (since
reversed by the Appellate Division, Second Department).

24

 97. Using the papers obtained at the Archives Office,
respondent caused numerous copies to be made at Village expense,
and then distributed those copies in the meeting room to be used by
the Village of Spring Valley Board of Trustees for the meeting of
February 11, 2014.
98. When the doors to the meeting room were opened to the
public at 8:00 pm on February 11, 2014 for the scheduled meeting of
the Village of Spring Valley Board of Trustees, each chair in the room
had at least one set of the papers that had been obtained by
respondent's Legislative Aide earlier that same day concerning
Trustee Fonvil.
99. During the meeting of the Village of Spring Valley Board of
Trustees held on February 11, 2014, respondent made statements on
the record drawing the attention of the public to the documents that
had been distributed on each seat concerning Trustee Fonvil.
100. Respondent's conduct in directing Village employees to dig
up dirt on a political adversary during working hours so that it could
be copied and distributed at an official Village function at village
expense constitutes Official Misconduct (P.L. § 195.00), Petit Larceny
(P.L. § 155.25), Offering a False Instrument for Filing in the 1st degree
and Theft of Services (P.L. § 165.15), as well as being a waste and
misuse of Village resources.

25

 Discarding Village Computers
101. On or about February 2014, while a federal criminal
prosecution for wrongdoing by the prior administration was ongoing,
Village employees discarded certain Village computers with the hard
drives at respondent's behest, without any determination declaring
them to be surplus by the Village of Spring Valley Board of Trustees.
102. The process employed by respondent in discarding the
Village computers with the hard drives is in violation of Village Law
and policy, and constitutes a waste and misuse of Village resources.
Encouraging Frivolous Litigation Against the Village
103. On or about September 9, 2014, Mr. Augustine Paris
attended a regular meeting of the Village of Spring Valley Board of
Trustees as representative of a local co-op board in order to present a
complaint on behalf of co-op residents concerning construction on an
adjacent property within the Village of Spring Valley.
104. During the public comments portion of the meeting he
presented his complaint on behalf of Ramapo Towers Owners Corp.,
and respondent advised him on the record to come meet with him in
Village Hall the following day and he would address his concerns.
105. On or about September 10, 2014, Mr. Augustine Paris met
with respondent in Village Hall, and falsely complained that Village
Boards and authorities had approved construction on a neighboring
26

 property (owned by developer Menashe Horowitz) without the
required notice to the adjoining property owner, Ramapo Towers
Owners Corp.
106. Upon learning the basis of the complaint and the religious
affiliation and identity of the adjoining property owner, respondent
recommended that Mr. Paris immediately commence an action against
the Village and the owner to stop the construction.
107. On or about October 6, 2014, an action was commenced in
the Rockland County Supreme Court by Ramapo Towers Owners
Corp. against the Village of Spring Valley and various departments
and individuals, along with Menashe Horowitz, as owner of the
adjoining property.
108. This action seeks a stay of any construction, and ultimately
seeks to annul the Building permit issued by the Building Department
and to send the application back to the various Village Boards and
agencies for further review.
109. In support for the plaintiff's request for a stay of
construction, Mr. Augustine Paris submitted an affidavit in which he
claims that respondent, as Mayor of the Village of Spring Valley,
"encouraged" him to bring the action and seek an injunction, and
"recommended" that he bring this action to stop the work at the
premises.

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 110. The respondent's conduct in recommending and
encouraging frivolous litigation against the Village under these
circumstances serves no legitimate governmental purpose, and the
legal costs thereof constitute a waste and misuse of Village resources.
Mismanagement
Banning Volunteer Firefighters
111. The Village of Spring Valley is serviced by volunteer
firefighters, many of whom are also Village employees, including the
Fire Chief and Battalion Commanders, and on or about December 4,
2013, respondent, acting as Mayor, issued a ban to prevent Village
employees from responding to emergencies as volunteer firefighters.
112. Banning Village employees from responding to
emergencies as volunteer firefighters placed the lives and property of
Village residents in great danger, as well as violating conditions of
State funding, and the Village Board of Trustees therefore duly passed
a Resolution authorizing firefighters employed by the Village to
respond to emergency calls during working hours. However,
respondent maintained his ill guided policy for an additional time
before pressure by the County Executive, the Town Supervisor and
the members of the Village Board of Trustees finally caused him to
relent.
Pulling Plows Off Road in Snowstorm

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 113. On or about January 21, 2014, during a major snowstorm
in the tri-state area, respondent, acting as Mayor, issued an order to
the Department of Public Works to pull the Village plows off the roads
and to send their drivers home for the day.
114. As a result of the respondents order, the Village plows
were pulled off the roads and the drivers were sent home for the
remainder of the day, while the storm continued and the snow piled up
on the streets.
115. The respondent's decision to pull the Village plows off the
roads and to send their drivers home for the day during a major
snowstorm jeopardized the lives and property of Village and County
residents and motorists in general, and violated the Village agreement
with the State of New York to clean state roads and major corridors to
Good Samaritan Hospital.
116. Due to demands from the County Executive, the Town
Supervisor, members of the Board of Trustees, the Spring Valley Chief
of Police and the County of Rockland Department of Emergency
Services, respondent finally rescinded his prior order after several
hours, and the plow drivers were called back in to resume plowing for
the remainder of the storm.
Interference With Operations of the Luis Kurtz Center and the
William Darden Community Center

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 117. The Louis Kurtz Civic Center is a building owned by the
Village of Spring Valley, located at 9 North Main Street in Spring
Valley, New York, and pursuant to prior Resolutions of the Spring
Valley Village Board of Trustees, it houses various Village agencies,
programs and services.
118. When respondent assumed the duties of Mayor in
December 2013, one of the occupants of the Louis Kurtz Civic Center
was the Spring Valley Youth Bureau, which operated an after school
program for Village children.
119. In January 2014, respondent, acting as Mayor, without a
rational basis and without the authorization of the Village Board of
Trustees, issued an order directing Village employees to move the
Spring Valley Youth Bureau out of its location at the Louis Kurtz Civic
Center and to relocate it to the William Darden Community Center.
120. In January 2014, in order to carry out this order, the
respondent, acting as Mayor, without the authorization of the Village
Board of Trustees and without first commencing any legal action,
ordered the removal of the Spring Valley Midget football league from
space it occupied at the William Darden Community Center for twenty
years, in order to make room for the Spring Valley Youth Bureau. On
or about March 20, 2014, after having the Spring Valley Midget
football league's possessions removed from the building and placed on

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 a truck, respondent was forced by community opposition and the
presence of the press to relent, and the possessions were removed
from the truck and placed back in a different room in the William
Darden Community Center.
121. In connection with this move, respondent arranged to
change certain locks at the William Darden Community Center,
making it impossible for the Spring Valley Midget football league to
gain access to their offices and possessions, except at the discretion of
the respondent, which has caused considerable interference with the
operations of the Spring Valley Midget football league.
122. Ultimately, the respondent also had to allow the Spring
Valley Youth Bureau to remain at the Louis Kurtz Civic Center,
because it was the only pre-approved location to conduct its activities.
123. For many years prior, the Village of Spring Valley operated
a warming center for homeless and heat deprived Village residents in
the Police Department lobby in the Village Hall, but in January 2014,
respondent, acting as Mayor, without the authorization of the Village
Board of Trustees, opened a warming center at the Luis Kurtz Center
without providing adequate security, thereby jeopardizing the safety
of the children attending the Youth Bureau programs, and placing the
safety of Village residents and property at risk.

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 124. During the operations of the warming center at the Luis
Kurtz Center, the premises was open to the public during daytime
hours, and a sound system valued at approximately $6,000.00
apparently went missing from the Youth Bureau offices, for which the
Village has never received reimbursement.
125. In January 2014, the heating system at the Louis Kurtz
Civic Center was dysfunctional, leaving the Youth Bureau without
adequate heat, and respondent took no action to affect the required
repairs, causing discomfort and inconvenience to the Youth Bureau
clients and staff.
126. On or about January 2014, respondent, acting as Mayor,
failed and refused to allow access to the Youth Bureau to certain
provisions and supplies being stored at Village Hall for the use of the
children participating in the program, thereby severely curtailing the
activities of that agency.
Misuse of Authority
Attempt to Remove and Replace a Sitting Village Trustee
127. Following the commencement of respondent's term of
office in December 2013, his relations with the members of the Village
Board of Trustees deteriorated, and by January 2014, he found himself
in the minority, with the majority consisting of Trustees Vilair Fonvil,
Asher Grossman, and Emilia White.

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 128. On or about February 7, 2014, the Rockland County
Department of Personnel requested proof from respondent concerning
whether the Village Board properly approved some of respondent's
appointments, including that of Village Clerk, Kathryn H. Ball.
129. On or about February 20, 2014, the respondent devised a
strategy to rid himself of trustee Vilair Fonvil in order to gain control
of the Spring Valley Village Board. Pursuant to such strategy, on
February 20, 2014 respondent announced that Kathryn H. Ball's
appointment was invalid, and as a result, his appointment of Mr.
Fonvil was a "nullity," because she had administered the oath of office
to him.
130. Consequently, by letter to Trustee Fonvil, dated February
20, 2014, respondent notified him that he was no longer a Village
Trustee, and that his continued attendance at Village Board meetings
would be considered trespassing.
131. In addition to declaring Trustee Fonvil's appointment a
"nullity," respondent also appointed Miguelino Joseph as a Village
Trustee on February 21, 2014, to fill Trustee Fonvil's position, and he
appointed Trustee Anthony Leon as Deputy Mayor in Trustee Fonvil's
stead.
132. On or about February 24, 2014, Trustees Fonvil, White and
Grossman commenced an action in the Rockland County Supreme

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 Court under Index No. 2014-000286 challenging Fonvil's purported
removal and replacement, and by Decision and Order dated March 14,
2014, the Hon. Gerald E. Loehr ruled that the removal and
replacement of Trustee Fonvil was "arbitrary and capricious and in
violation of law."
133. Respondent's failed attempt to remove and replace a
sitting Village Trustee without any factual or legal basis bespeaks a
fundamental misunderstanding of the principles of democratic
government, rendering him unfit for public office.
Attempts to Shut Down Village Board Meetings
134. On or about January 14, 2014, respondent unilaterally
attempted to adjourn a regularly scheduled public meeting of the
Spring Valley Board of Trustees while it was still in progress.
Although there was no vote by the Board members to adjourn the
meeting, respondent ordered the public to leave, and then left the
meeting room, taking the Village Clerk and the Village attorneys with
him, and the meeting continued without them.
135. On or about February 11, 2014, respondent again
unilaterally attempted to adjourn a regularly scheduled public
meeting of the Spring Valley Board of Trustees while it was still in
progress. Although there was no vote by the Board members to
adjourn the meeting, respondent ordered the police to remove the

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 public and he attempted to turn off the lights in the occupied meeting
room. When police refused to terminate the public meeting (for which
respondent promised "heads would roll"), he left the room with the
Village Clerk, and the meeting continued without them.
136. In connection with his attempts to adjourn Village Board
meetings while in progress, respondent has stated that as Mayor, he
alone can establish the Board meeting agenda, and terminate the
meetings.
137. On or about July 2, 2014, a special meeting of the Village
Board of Trustees was called for July 2, 2014, and respondent
attempted to interfere with the conduct of that meeting by notifying
the Village Police Department to arrest anyone attending such
meeting for trespassing.
138. Respondent's actions in attempting to prevent and shut
down public Village Board meetings without any legal authority
indicates a fundamental misunderstanding of the principles of
democratic government, rendering him unfit for public office.
Illegal Soil Dumping on Village Property
139. Pastors Anthony Demosthene and Nathaniel Demosthene
of the First Timothy Christian Church located at 198 Main Street in
Spring Valley are major political supporters of respondent, and on or

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 about December 4, 2013, the Church was involved in a major
construction project on its property.
140. The prior administration had proposed to assist the
Church's private construction by having the Department of Public
Works remove excess soil from the church location, however, the soil
removal did not take place because the Department of Public Works
advised against using Village employees and resources to assist a
private construction project.
141. On or about January 13, 2014, contrary to the advice of the
Village Department of Public Works, respondent directed employees
of the Village Department of Public Works to excavate soil from the
Church property using Village equipment and to deposit it in
Memorial Park on Village owned property which is located in a flood
plain/flood way. Pursuant to respondent's direction, Village employees
worked for three days at a labor cost of approximately $4,863.00, and
an equipment cost of approximately $5,500.00.
142. Soil dumping in such a sensitive area is governed by laws
and regulations administered by the New York State Department of
Environment Conservation and the Rockland County Drainage Agency,
and a permit is required along with certain soil tests to insure public
safety. After the soil dumping began, the legal requirements for such a
permit were provided to respondent by the Chief Building Inspector

36

 and the Rockland County Drainage Agency, however, respondent
failed to apply for such a permit, and continued dumping soil in
Memorial Park in direct violation of the laws and regulations which
apply to such activities, resulting in an open investigation by the by
the New York State Department of Environment Conservation, which
could expose the Village to fines and remediation costs in excess of
$200,000.00.
143. Respondents actions in using the Village Department of
Public Works to assist a private construction project and in failing to
apply for a permit to dump untested soil on Village owned property
located in a flood plain/flood way, and continuing the activity after
being advised against it, reflects a disregard for laws and regulations
and for the safety of the lives and property of Village residents and of
all upstream and downstream residents affected by the flow.
Denying Village Trustees Access to Village Facilities
144. The Joan Forman Board Room is the meeting room located
in Village Hall where the Village Board meetings are held, as well as
other activities, and in December 2013 at the start of respondent's
administration, the Village Trustees were provided with an access
code to gain entry to the room for their use.
145. On or about February 4, 2014, respondent, acting as
Mayor and without authority from the Village Board of Trustees, had

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 the Police Department change the access code to the Joan Forman
Board Room to exclude the Board Members from access to the room,
and such access has never been restored.
146. Respondent's actions in excluding Village Board Members
from Joan Forman Board Room by changing the access code is
indicative of a dictatorial and undemocratic behavior, rendering him
unfit for office.
Denial of Access to Village Records
147. On or about May 5, 2014, pursuant to his duties, Trustee
Vilair Fonvil made a written request to the Deputy Village Clerk for
copies of "all Pilot Agreements that are in effect in the Village of
Spring Valley."
148. Pursuant to this request, the Deputy Clerk assembled
copies of the requested documents and placed them in Trustee
Fonvil's in-box at the Village Hall, but before Trustee Fonvil collected
them, respondent took them from the in-box and he continues to
withhold such documents despite repeated requests for their delivery
to Trustee Fonvil.
149. The respondent's actions in intercepting records from the
in-box of a Village Trustee and refusing to supply such records upon
proper request is indicative of dictatorial behavior, rendering
respondent unfit for public office.

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 Contempt of Court
150. The petitioners repeat and reallege each and every
allegation set forth in Paragraphs "30 through "32" and "120" through
"121"as if set forth herein.
151. On or about May 14, 2014, respondent suspended Youth
Bureau Director, Sonia Barton, blaming her for the loss of the
$6,000.00 sound system from the Youth Bureau offices when it was
operating as a warming center.
152. The suspension of Sonia Barton as aforesaid put in
jeopardy the Village Summer Program (a day camp program to assist
local families), which had been run successfully by Ms. Barton for the
last 14 years, therefore, the Village Board of Trustees duly passed a
Resolution on July 2, 20014, contracting with Sonia Barton as a
private contractor to carry out all activities required to open and
operate the Village Summer Program.
153. When respondent failed and refused to obey the aforesaid
Resolution, Village Special Counsel commenced an action on behalf of
three Trustees against respondent, and obtained an Order from the
Hon. Gerald E. Loehr, dated July 8, 2014, requiring respondent to
cooperate with the Resolution and to provide access to the Sonia
Barton for the purpose of operating the Village Summer Program at
the Louis Kurtz Civic Center.

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 154. When respondent failed and refused to follow that Order of
July 8, 2014, to grant access to Sonia Barton, he was summoned
before the Supreme Court, and on July 31, 2014, he was again
ordered by the Hon. Gerald E. Loehr to comply with the prior order,
and specifically not to interfere with access to the youth Bureau
facilities at the Louis Kurtz Civic Center the following morning when
the Village Summer Program was scheduled to get underway.
155. On August 1, 2014, respondent again failed and refused to
comply with the Order of July 8, 2014, in that the Youth Bureau office
of Sonia Barton remained locked and inaccessible to her when she
arrived to open registration for the Village Summer Program.
156. As a result of his failure to comply with the July 8, 2014
Order, respondent was summoned before the Supreme Court on
August 1, 2014, and after a hearing, he was found in civil contempt
for interfering with the operation of the Village Summer Program.
157. Following the contempt finding, respondent was placed in
the Rockland County Jail until August 5, 2014, when he promised not
to interfere anymore with the workings of the Village Summer
Program.
158. in August 2014, as a result of union proceedings involving
her suspension, Sonia Barton, was restored to her previous position
and salary, with back pay. In September 2014, respondent illegally

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 ordered her out of her offices in the Louis Kurtz Center and refused to
allow her to continue working, thereby obligating the Village for her
back pay and benefits totaling over $34,000.00, and causing
cancellation of the Youth Bureau's twenty year old after school
program for Village children.
Disregard of Village Law
159. Resolutions duly passed by the Village Board of Trustees
constitute local legislation which has the force of law, however,
respondent has repeatedly declared that he will not obey those
Resolutions with which he disagrees.
160. In the following instances, respondent has failed and
refused to follow Resolutions duly passed by a majority of the Village
Board of Trustees:
a. On or about January 14, 2014, the Spring Valley Board
of Trustees duly passed a Resolution authorizing volunteer firefighters
employed by the Village to respond to emergency calls during their
working hours, however, respondent declared that the Board's
Resolutions would not receive the force of law in Spring Valley, and
his directive against firefighters responding to emergency calls wasn't
rescinded until long after the passage of the Board's Resolution to the
contrary;

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 b. On or about January 14, 2014, the Spring Valley Board
of Trustees duly passed a Resolution restoring the duties and salary of
Sonia Barton, and directing payment of her unpaid back pay, after
respondent arbitrarily and unilaterally reduced her duties and salary
on December 2, 2013, however, respondent failed and refused to obey
this Resolution;
c. On or about January 14, 2014, the Spring Valley Board
of Trustees duly passed a Resolution reserving a particular meeting
room in Village Hall for the exclusive use of the Trustees, and
authorizing the Village Police Department to put them in possession of
the room and provide them with keys, however, the respondent and
the Police Department have failed and refused to do so, and the
designated meeting room remains inaccessible to the Trustees, and
remains in the exclusive control of respondent;
d. On or about January 14, 2014, the Spring Valley Board
of Trustees duly passed a Resolution requiring respondent create a
written record of all new policy orders issued each day to Village
employees, and to notify the Village Trustees of all such
memorandums, directives and orders, however, respondent failed and
refused to obey this Resolution, and he continues to create new
policies and change existing policies by verbal directive without any
prior or subsequent notice to the Village Trustees;

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 e. On or about January 14, 2014, the Spring Valley Board
of Trustees duly passed a Resolution declaring that Lorraine Y. Inzar
was terminated as Confidential Assistant to the Mayor by
respondent's appointment of Aaron Morse to that position on
December 2, 2013, and although the Rockland County Department of
Personnel also advised respondent that that Lorraine Y. Inzar could
not continue to be employed without an approved civil service title,
respondent allowed her to continue in the employ of the Village of
Spring Valley at a cost to the Village of approximately $11,961.55;
f. On or about January 14, 2014, the Spring Valley Board
of Trustees duly passed a Resolution prohibiting respondent from
relocating the Spring Valley Youth Bureau from the Louis Kurtz Civic
center to the William Darden Center, however, respondent publicly
refused to obey the Resolution, and the relocation was only thwarted
by State regulations which prevented the use of the William Darden
Center for such purpose;
g. On or about March 11, 2014, the Spring Valley Board of
Trustees duly passed a Resolution directing that there be no
departmental restructuring, changes, relocations or other
departmental modifications without the express approval of the
Village Board of trustees, however, respondent continues to ignore
this resolution by routinely taking such prohibited actions with regard
to the various Village Departments;
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 h. On or about March 11, 2014, the Spring Valley Board of
Trustees duly passed a Resolution adopting certain rules of procedure
for the conduct of Village Board meetings, however, respondent
refuses to recognize such rules when presiding at Village Board
meetings;
i. On or about March 11, 2014, the Spring Valley Board of
Trustees duly passed a Resolution permitting the Village Trustees to
visit any and all Village Departments to observe and gather
information without restriction, however, respondent refuses to obey
this Resolution and has continued to instruct Village employees to
deny access and information to the Village Trustees;
j. On or about March 11, 2014, the Spring Valley Board of
Trustees duly passed a Resolution requiring the return of confidential
employee personnel files from an unsecure room next to the Building
Department (where they had been moved at respondent's direction) to
their previous secured location in the file room inside the Village
Clerk's Office (per Village Code), but respondent failed and refused to
obey this Resolution and the subject files remain in their unsecure
location;
k. On or about March 11, 2014, the Spring Valley Board of
Trustees duly passed a Resolution declaring the appointment on
December 2, 2013 of purported Village Attorney, Jerrold W. Miles

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 invalid and illegal, and prohibiting his continued payment with Village
funds, however, respondent continued to employ Jerrold W. Miles as
Village Attorney and to pay his compensation and benefits from
Village funds;
l. On or about July 2, 2014, the Spring Valley Board of
Trustees duly passed a Resolution to hire Sonia Barton as an
independent contractor to operate the Summer Program, but
respondent refused to obey the Resolution by denying her access to
the facilities in the Louis Kurtz Civic Center, and respondent's
compliance was only obtained after he was held in contempt by a
court and remanded to Jail for four days until he agreed to cooperate;
m. On or about August 12, 2014, the Spring Valley Board
of Trustees duly passed a Resolution directing the Village Police
Department and custodial staff to provide for a keyless entry system
for the doors to the William Darden Community Center and to provide
entry cards to the Trustees, the Recreational Aide and the Ramapo
Midget Football League, however, respondent refused to allow the
Police Department or the Custodial Staff to obey this Resolution, and
no such entry cards have been provided to the named parties;
n. On or about May 2014, the Spring Valley Board of
Trustees duly passed a Resolution requiring respondent to provide
copies of all Pilot Agreements in effect in the Village of Spring Valley

45

 to the Village Trustees, however, respondent failed and refused to
follow the Resolution and the requested documents have never been
provided.
Misuse of Taxing Authority
161. The Village of Spring Valley employs a part time Tax
Assessor, under the Mayor's supervision, to maintain the Village tax
assessment roll, and to periodically estimate and update the fair
market value of properties within the Village, in order to accurately
calculate the property tax due using an established formula.
162. This formula requires the Assessor to determine the tax
rate to be applied by dividing the total fair market value of all
properties in the Village by the amount required each year to balance
the Village budget, therefore, if the fair market value information is
not kept current, it results in an incorrect calculation of the tax rate to
be applied to all Village properties.
163. The Village of Spring Valley lies partly within the Town of
Ramapo, and there are properties within the Village concerning which
the assessments differ from those calculated by the Town of Ramapo.
While this discrepancy may result from the Village Tax Assessor's
failure to accurately update his records, it clearly has nothing to do
with any conduct of the individual property owners within the Village.

46

 164. On or about January 7, 2015, respondent, with no apparent
understanding of how the appraisal and calculation process works, or
why the uniform assessment value applied by the Town and Village
must necessarily differ in every case, launched a personal and
political attack on Trustees Asher Grossman, Vilair Fonvil and Emilia
White (and several other political enemies) by releasing their Village
and Town tax records to the press and public to suggest some
impropriety on their part because their assessments are below those
calculated by the Town.
165. Respondent's willingness to besmirch his perceived
enemies on the Village Board for his own failures to comprehend the
process and properly supervise the Tax Assessor in the performance
of his duties demonstrates a mean spirited ignorance that ill serves
the long suffering residents of the Village of Spring Valley.
CONCLUSION
166. The acts in office of respondent as alleged herein connote
a pattern of misconduct and abuse of authority, which rises to the
level of unscrupulous conduct and gross dereliction of duty involving
theft of public property, routine disregard for legal mandates and
procedural rules, gross mismanagement, malicious and corrupt acts,
intentional wrongdoing and irrational behavior.

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 167. Respondent's improper conduct began on his first day in
office, and has continued unabated to the present time.
168. Respondent's conduct as aforesaid has had an adverse
impact on the residents of Spring Valley and the operations of the
local government, and as of the date of this petition, the Village of
Spring Valley is without a Village Attorney, a Village Clerk, a Section 8
Administrator, a Chief Building Inspector, a Recreation Director or a
Youth Bureau Director.
REQUESTED RELIEF
WHEREFORE, petitioners seek judgment:
1. Removing respondent DEMEZA DELHOMME from the public
office of Mayor of the Village of Spring Valley pursuant to Public
Officers Law § 36
2. Awarding attorney fees, costs, disbursements and other
reasonable litigation costs; and
3. Granting such other, further, and different relief as this Court
may deem just and proper.
Dated: Palisades, New York
January 13, 2015

Yours, etc.
_______________________
William A. Gerard
Attorney for Petitioners
HEYWARD D. REED,
YVETTE TEAL TYNES, and

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 TAMMY G. BOOTH
71 Woods Road, P.O.
Box 717
Palisades, New York 10964
Tel. (845) 365-3121
Fax (845) 365-4036
Cell (845) 729-8064
Lawrence A. Weissmann, of Counsel
2 Crossfield Plaza, Suite 210
West Nyack, N.Y. 10994

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